JUDGMENT :

Naveen Srivastava, J.

This Criminal Appeal is preferred against the judgment and order dated 30.3.2012 passed by Special Judge, SC/ST Act, Kanpur Nagar in S.T. No. 1122 of 2007 (State vs. Rais Dear and others), convicting/sentencing the appellants under Section 376 IPC read with Section 3(2)5 SC/ST Act to life with fine of Rs.20,000/- and under Section 506 IPC to 1 year imprisonment. Both sentences to run concurrently.

1. The prosecution case in brief is as under :-

(i) PW-1, informant/victim along with her friend PW-5, while returning from their workplace on 12.2.2007 at about 4:00 P.M, came across accused Mohd. Moin @ Lala and accused Rais @ Dear near Nai Basti. PW-5 in order to return a carry bag of her sister-in-law (DW-1) went to her house along with PW-1. Both the accused chased PW’s-1 and 5, entered the house forcibly and sexually assaulted PW-1 at gunpoint in a room, while PW-5 was extended threats that if either of them dare to report, they would be done away with.

(ii) Post occurrence, PW-1 was escorted by PW-5 to her house, where she narrated the incident to her mother and sister (PW-3). They decided to lodge a report same day and while they were on their way to lo